When to pay for invention substantive examination
As long as the fee is paid within the specified period, the invention patent will be valid from the patent application date (If there is a priority claim, the payment can be made at any time within three years from the earliest priority date). If the substantive examination fee is not paid for more than three years, the patent will be treated as "deemed withdrawn".
In order to speed up the examination progress of the invention patent, the applicant can pay the examination fee together with the application fee when submitting the application documents. It should be noted that the "Request for Advance Disclosure Statement" must be submitted at the same time when submitting the application documents. document. Because if the application documents are not disclosed in advance, the patent application will not enter the substantive examination procedure even if the substantive examination fee is paid.
"Patent Law Implementing Rules" 96 Article 1 If a party requests substantive examination or reexamination, it shall pay the fee within the relevant time limit stipulated in the Patent Law and these Rules; if the fee is not paid upon expiration or is not paid in full, the request shall be deemed not to have been made.
Article 97 Registration procedures for applicants When the patent right is granted, the patent registration fee, announcement printing fee and patent right granting fee shall be paid.If the annual fee is not paid or not paid in full upon expiration, it will be deemed that the registration procedures have not been completed.
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